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HomeMy WebLinkAbout2021.04.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, April 20, 2021 - 6:30 PM RECEIVED 1. Call to Order APR 16 2021 Mayor Bill Bush 2. Invocation City Clerk's Office Reverend Blake Altman, Trinity Presbyterian Church 3. Flag Salute 4. Roll Call 5. Presentation of the Employee of the Quarter Warren Lehr 6. Consideration and approval, denial, amendment, or other appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - April 6, 2021, and April 13, 2021, Regular Meetings B. Approve claims C. Accept a donation from the Cherokee Nation in the amount of $5,361.00, and approve a budget amendment in the General Fund increasing the estimate of revenues and the appropriation for expenditures in the Police Services Budget by $5,361.00 7. Consideration and approval, denial, amendment, or other appropriate action relating to items removed from the Consent Agenda 8. Consideration and approval, denial, amendment, or other appropriate action relating to Resolution 2021 -05, commemorating the 1921 Tulsa Race Massacre Warren Lehr Staff recommends approving Resolution 2021 -05. 9. Consideration and approval, denial, amendment, or other appropriate action relating to a funding agreement for the North 137th East Avenue Service Road Extension Project Roger Stevens Staff recommends approval of a Funding Agreement between the City of Owasso and Thiessen North Investment Group, LLC, for the North 137th East Avenue Service Road Extension and authorization to execute the necessary documents. Owasso City Council April 20, 2021 Page 2 10. Consideration and approval, denial, amendment, or other appropriate action relating to the acquisition of right -of -way for the East 96th Street North from North 119th East Avenue to North 129th East Avenue Roadway Improvement Project Roger Stevens Staff recommends authorization for payment in the amount of $43,979.15 to Walgreens Co., and $11,493.05 to JR Owasso Ventures, LLC, for the acquisition of right -of -way and compensation for damages, located at 12802 East 96th Street North. 11. Consideration and approval, denial, amendment, or other appropriate action relating to construction bids received for the Central Park Drainage Improvement Project Dwayne Henderson Staff recommends awarding the bid to Construction Enterprises, Inc., of Tulsa, Oklahoma, in the amount of $1,188,801.99, and authorization to execute the necessary documents. 12. Consideration and approval, denial, amendment, or other appropriate action relating to Resolution 2021 -06, establishing a five -year utility rate plan for water and sanitary sewer service rates within and without the corporate limits of the City of Owasso, establishing refuse rates, and metered fire hydrant rates and fees, and establishing effective dates Linda Jones Staff recommends approval of Resolution 2021 -06. 13. Consideration and approval, denial, amendment, or other appropriate action relating to Resolution 2021 -07, establishing a five -year utility rate plan for stormwater system service charges within the corporate limits of the City of Owasso, Oklahoma, and establishing effective dates Linda Jones Staff recommends approval of Resolution 2021 -07. 14. Consideration and approval, denial, amendment, or other appropriate action relating to Resolution 2021 -08, establishing new fire inspection fees, new reservation rates for Redbud Festival Park facilities, and adopting the 2021 Comprehensive Master Rate and Fee Schedule Juliann Stevens Staff recommends approval of Resolution 2021 -08. 15. Consideration and approval, denial, amendment, or other appropriate action relating to an addendum to the AT&T Video Services Agreement Julie Lombardi Staff recommends approval to renew the proposed Cable Television Permit Addendum Agreement with AT &T extending the term of the 2013 Agreement by five (5) years until April 29, 2026, and, additionally authorize the Mayor to execute the Agreement and any ancillary documentation necessary. 16. Report from City Manager 17. Report from City Attorney 18. Report from City Councilors Owasso City Council April 20, 2021 Page 3 19. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date April 10, 2021 • Health Care Self- Insurance Claims - dated as of April 15, 2021 • Monthly Budget Status Report -March 2021 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 21. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, April 16, 2021. Juliann M. Stevens, CitVClerk The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cityofowasso.com APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, authorizing, awarding, tabling, rejecting. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 6, 2021 The Owasso City Council met in regular session on Tuesday, April 6, 2021, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 11, 2020; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Thursday, April 1, 2021. 1. Call to Order Mayor Bill Bush called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Alvin Fruga of The Presence in Owasso. 3. Flag Salute Councilor Lyndell Dunn led the flag salute. 4. Roll Call Present Absent Mayor - Bill Bush None Vice Mayor - Kelly Lewis Councilor -Chris Kelley Councilor - Doug Bonebrake Councilor- Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Character Trait of Cooperation Matt Inouye, Character Council Member, presented the character trait for the month of April. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes -March 16, 2021, Regular Meeting B. Approve claims C. Accept the 2021 Oklahoma Highway Safety Grant supplemental funding in the amount of $15,000.00, authorize execution of the necessary documents, and approve a budget amendment in the General Fund, increasing the estimated revenue and the appropriation for expenditures in the Police Department by $15,000.00 D. Accept a donation from the Friends of Owasso Police Foundation in the amount of $3,000.00, and approve a budget amendment in the General Fund increasing estimated revenue and the appropriation for expenditures in the Police Department by $3,000.00 E. Accept the Owasso Police Department Firearms Range Observation Tower Project and authorize final payment to Limestone Construction of Owasso, Oklahoma, in the amount of $73,549.00 F. Adoption of Ordinance 1177 Nunc Pro Tunc, to correct a scrivener's error, amending the property address from 10010 North 97th East Avenue to 9349 North 129th East Avenue Owasso City Council April 6, 2021 Page 2 Mr. Bonebrake moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented with claims totaling $1,136,938.70. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to a budget amendment in the Hotel Tax Fund Jerry Fowler presented the item, recommending approval of a budget amendment in the Hotel Tax Fund increasing the appropriation for expenditures by $7,000.00. There were no comments from the audience. After discussion, Mr. Kelley moved, seconded by Ms. Lewis to approve the budget amendment, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to the reimbursement of purchased road materials for the 2020 Sports Park South Entrance Asphalt Project Larry Langford presented the item, recommending authorization for payment to Tulsa County, in an amount not to exceed $80,000.00, as reimbursement for materials used to complete the asphalt project in accordance with the Interlocal Agreement approved by the City Council on December 15, 2020. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize payment, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to the purchase of police vehicles Jason Woodruff presented the item, recommending approval to purchase six (6) 2021 Dodge Charger police vehicles, and two (2) 2021 Dodge Durango police vehicles, in an amount not to exceed $221,826.00, from Jim Glover Chrysler Dodge Jeep Ram Fiat of Owasso, Oklahoma, utilizing the State of Oklahoma's approved contract SW35 -6072. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to approve the purchase, as recommended. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 11. Report from City Manager • Monthly Public Works Project Status Report Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Lehr reported on Owasso Strong Neighborhood Initiative community beautification events. 12. Report from City Attorney None 13. Report from City Councilors Councilor Bonebrake recognized the donation made by the Friends of Owasso Police. Owasso City Council April 6, 2021 Page 3 14. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following: • Payroll Payment Reports - Pay Period Ending Date March 13, 2021, and March 27, 2021 • Health Care Self- Insurance Claims - dated as of March 31. 2021 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 16. Adjournment Ms. Lewis moved, seconded by Mr. Kelley to adjourn the meeting. YEA: Bonebrake, Dunn, Kelley, Lewis, Bush NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:16 pm. Bill Bush, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, April 13, 2021 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, April 13, 2021, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 1], 2020; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, April 9, 2021. 1. Call to Order /Roll Call Mayor /Chair Bill Bush called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Bill Bush None Vice Mayor /Vice Chair- Kelly Lewis Councilor /Trustee - Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn A quorum was declared present. 2. Presentation relating to a Fleet Vehicle Leasing Program Chris Garrett introduced John Holland with Enterprise Fleet Leasing, to present the item and discussion was held. 3. Discussion relating to Finance Department items A. FY 2021 -2022 Annual Operating Budget timeline B. Five -Year Utility Rate Plan Proposal Linda Jones presented items A and B and discussion was held. It was further explained item B would be placed on the April 20, 2021, City Council agenda for consideration and action. 4. Discussion relating to Public Works Department items A. Funding Agreement for the North 137th East Avenue Service Road Extension B. Bids received for the Coffee Creek Lift Station and Force Main Improvement Project Roger Stevens presented items A and B and discussion was held. It was further explained that item A would be placed on the April 20, 2021, City Council agenda and item B would be placed on the April 20, 2021, Owasso Public Works Authority agenda for consideration and action. 5. Discussion relating to the Comprehensive Master Rate and Fee Schedule - proposed reservation rates for Redbud Park facilities Juliann M. Stevens and Larry Langford presented the item and discussion was held. It was further explained that the item would be placed on the April 20, 2021, City Council agenda for consideration and action. 6. Discussion relating to City /Authority Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones to present item A. Mr. Lehr reported on the Open Meeting Act, National Telecommunication Week, National Animal Care and Control Week, Redbud Festival Park events, Yard Waste Collection Program, Annual Free Landfill Day and an upcoming free dumpster day. 7. City Councilor/Trustee comments and inquiries Councilor Bonebrake commented on the recent Keep Owasso Clean event. Owasso City Council, OPWA & OPGA April 13, 2021 Page 2 S. Adjournment The meeting adjourned at 8:02 pm. Bill Bush, Mayor /Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 4/2012021 Vendor Name CITY GARAGE FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK RELIEF VETERINARY SERVICES Payable Description Payment Amount LABOR/OVERHEAD - APRIL, 2 $258.92 FUELMAN EXPENSES - MARCH, $121.03 FAM ANIMAL MED -SVC $607.73 FULLERTON- SUPPLIES $25.50 LOWES- SUPPLIES $31.41 TULSA SPCA -FEE $95.00 STERILIZATION SERVICES $300.00 GEN ANIMAL CONTROL -Total $1,439.59 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $19.32 JPMORGAN CHASE BANK AMAZON- CHAIRS $1,205.60 JPMORGAN CHASE BANK PARKS COFFEE- SUPPLIES $30.13 JPMORGAN CHASE BANK SAMS -CUPS $17.48 TEAL DANCE COMPANY LLC CLASS $272.00 GEN COMM CTR DONATIONS -Total 4RTH QUARTER DUES $1,525.21 CINTAS CORPORATION CUSTODIAL SUPPLIES $1,119.05 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES FOR JAN $107.00 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES FOR MARCH 20 $145.00 JPMORGAN CHASE BANK AMAZON -FEE $12.99 JPMORGAN CHASE BANK AMAZON -MEMB FEE $119.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $68.92 JPMORGAN CHASE BANK BEST BUY - REFUND ($31.01) JPMORGAN CHASE BANK BEST BUY -TV $508.98 JPMORGAN CHASE BANK HOME DEPOT -EXT CORD $3.26 JPMORGAN CHASE BANK HOME DEPOT - POT /SOIL $77.92 JPMORGAN CHASE BANK OFFICE DEPOT - BATTERY $180.79 JPMORGAN CHASE BANK SAMS - SUPPLIES $95.96 JPMORGAN CHASE BANK SAMS- TABLES $319.92 JPMORGAN CHASE BANK WORLEYS -BUSH $32.99 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $275.22 GEN COMMUNITY CENTER -Total $3,035.99 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $63.05 CITY GARAGE LABOR/OVERHEAD- APRIL, 2 $390.92 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $640.32 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $225.33 INCOG 4RTH QUARTER DUES $7,523.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $63.54 TULSA COUNTY CLERK TULSA COUNTY FILINGS $36.00 GEN COMMUNITY DEVELOPMENT - Total $8,942.16 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $27.58 1 Fund 01 GENERAL Claims List - 4/2012021 Vendor Name Payable Description Payment CITY GARAGE LABOR /OVERHEAD- APRIL, 2 Amount FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $62.55 JPMORGAN CHASE BANK CANVA- ADVERT $12.95 JPMORGAN CHASE BANK CORNERSTONE -MULCH $249.98 JPMORGAN CHASE BANK CORNERSTONE- RIVETS $2.49 JPMORGAN CHASE BANK FAIRWAY LAWN - TRTMNT $54.00 JPMORGAN CHASE BANK HOME DEPOT -SHOP VAC $79.97 JPMORGAN CHASE BANK LOWES -PAINT $23.92 JPMORGAN CHASE BANK LOWES- SUPPLIES $85.18 JPMORGAN CHASE BANK LOWES -TOOLS $19.96 JPMORGAN CHASE BANK LOWES -WEED KILLER $54.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $280.64 JPMORGAN CHASE BANK USPS - POSTAGE $7.85 JPMORGAN CHASE BANK WORLEYS -TREES $755.55 GEN CULTURE & RECREATION -Total OFFICE DEPOT - SUPPLIES $1,717.60 JPMORGAN CHASE BANK MEETING EXPENSE $53.47 JPMORGAN CHASE BANK OK NEWS -SUB FEE $52.00 GEN ECONOMIC DEV -Total SUNDANCE- SUPPLIES $105.47 CITY GARAGE LABOR /OVERHEAD- APRIL, 2 $117.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $26.19 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $93.24 GEN EMERG PREPAREDNESS -Total $236.43 CITY GARAGE LABOR /OVERHEAD- APRIL, 2 $561.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $316.51 JPMORGAN CHASE BANK STAPLES - SUPPLIES $59.98 UNIFIRST HOLDINGS LP UNIFORM SERVICE $29.56 GEN ENGINEERING -Total $967.97 CITY GARAGE LABORIOVERHEAD -APRIL, 2 $74.83 JPMORGAN CHASE BANK AMAZON -POST ITS $19.98 GEN FINANCE -Total $94.81 AMERICANCHECKED, INC ATTN: BILLING SOLICITOR BACKGROUND $68.95 CHEC DAVID L. WEATHERFORD LEGAL FEES GENERAL MATTER $288.00 HALL, ESTILL, HARDWICK, GABLE, GENERAL LEGAL SERVICE FEE $302.70 INCOG LEGISLATIVE CONSORTIUM $1,628.75 JPMORGAN CHASE BANK OFFICE DEPOT- REFUND ($49.49) JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $124.97 JPMORGAN CHASE BANK SAMS- SUPPLIES $7.98 JPMORGAN CHASE BANK STAPLES - SUPPLIES $89.97 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $23.96 JPMORGAN CHASE BANK USPS- RENTAL $388.00 JPMORGAN CHASE BANK ZOOM- RENEWAL $149.90 2 Claims List - 4120/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $498.99 PROSTAR SERVICES INC COFFEE $237.12 SUMNERONE INC (UPSTAIRS) COPIER SERVICE $543.43 TULSA COUNTY CLERK TULSA COUNTY FILINGS $74.00 GEN GENERAL GOVERNMENT -Total TULSA WORLD ADVERTISING $4,377.23 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $109.70 GEN HISTORICAL MUSEUM -Total $109.70 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $101.40 JPMORGAN CHASE BANK MOBILE ID SOL- SUPPLIE $82.01 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $18.06 JPMORGAN CHASE BANK SAMS- SPLIT - MEETING $196.32 TULSA WORLD TULSA WORLD ADVERTISING $333.55 GEN HUMAN RESOURCES -Total $731.34 CITY GARAGE LABOR /OVERHEAD- APRIL,2 $80.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $43.82 JPMORGAN CHASE BANK BEST BUY -THUMB DRIVES $33.97 JPMORGAN CHASE BANK COX -SIP TRUNK SERVICE $669.80 MCCI LASERFICHE ANNUAL RENEWAL $9,984.45 GEN INFORMATION TECH -Total CNG FUEL PURCH - MARCH, 2 $10,812.04 CITY GARAGE LABOR/OVERHEAD- APRIL, 2 $87.25 CITY MANAGEMENT ASSOCIATION OF OK 2021 WINTER CONFERENCE $150.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $31.28 JPMORGAN CHASE BANK CUTTER &BUCK - JACKETS $81.11 JPMORGAN CHASE BANK INT'L INSTITUTE -CERTI $600.00 JPMORGAN CHASE BANK MEETING EXPENSE $328.56 JPMORGAN CHASE BANK MOONBOKERS- TRAINING $4.20 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $34.35 JPMORGAN CHASE BANK OK MUNICIPAL -CONF FEE $70.00 JPMORGAN CHASE BANK OK MUNICIPAL - TRAINING $85.00 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $40.00 JPMORGAN CHASE BANK SAMS- SPLIT - MEETING $2.98 JPMORGAN CHASE BANK SAVON - BUSINESS CARDS $30.00 GEN MANAGERIAL • Total $1,544.73 JPMORGAN CHASE BANK AMAZON -INK PADS $19.97 JPMORGAN CHASE BANK AMAZON -POST ITS $13.99 OKLAHOMA MUNICIPAL COURT CLERKS WORKSHOP FEE $35.00 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $4,193.96 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $84.16 CHRISTOPHER WALKER PARK RESTROOMS JANITORIAL $1,300.00 3 Claims List - 4/20/2021 Fund Vendor Name Payable Description Payment Amount 01 GENERAL CITY GARAGE LABORIOVERHEAD - APRIL, 2 $1,155.33 CITY OF OWASSO WATER $665.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $488.78 JPMORGAN CHASE BANK ARTHURS TURF - SUPPLIES $100.00 JPMORGAN CHASE BANK ATWOODS- GLOVES $39.98 JPMORGAN CHASE BANK BUILD.COM- REPAIR $181.30 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $195.97 JPMORGAN CHASE BANK OWASSO KEYS - KEYS /LOCK $355.41 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE ($47.77) UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $118.48 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $52.47 GEN PARKS -Total CNG FUEL PURCH - MARCH, 2 $4,689.11 JPMORGAN CHASE BANK STANDARD SPLY -MOWER $6,179.00 GEN POLICE CHER NAT GRT -Total $6,179.00 (TOUCH BIOMETRICS LLC WARRANTY, TECH SUPPORT, & $1,980.00 JPMORGAN CHASE BANK BEST BUY -HARD DRIVES $64.99 GEN POLICE COMMUNICATIONS -Total $2,044.99 JPMORGAN CHASE BANK GALLS -VEST $421.35 GEN POLICE DOJ VEST GRT -Total $421.35 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $228.43 CITY GARAGE LABORIOVERHEAD- APRIL, 2 $3,604.75 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $1,710.47 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $2,079.68 UNIFIRST HOLDINGS LP UNIFORM SERVICE $526.08 GEN STORMWATER -Total $8,149.41 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $58.35 CITY GARAGE LABORIOVERHEAD- APRIL, 2 $569.50 CITY GARAGE LABOR /OVERHEAD- MARCH, 2 $13.51 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $10.54 JPMORGAN CHASE BANK FASTSIGNS -CITY COUNCI $25.00 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS $129.35 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $14.51 JPMORGAN CHASE BANK SAMS- SUPPLIES $49.34 UNIFIRST HOLDINGS LP UNIFORM RENTAL $120.79 GEN SUPPORT SERVICES -Total $1,000.89 AEP /PSO STREET LIGHTS $9.00 GENERAL -Total $9.00 GENERAL -Total $62,347.30 20 AMBULANCE SERVICE CITY GARAGE LABOR /OVERHEAD- APRIL, 2 $1,078.08 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $1,844.27 4 Claims List - 4/20/2021 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $2,538.20 JPMORGAN CHASE BANK AMAZON- MIRROR $16.95 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $1,945.84 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $18.00 JPMORGAN CHASE BANK LOCKABOX -LOCK BOX $65.02 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $539.80 JPMORGAN CHASE BANK NAIL REGIS- TESTING $152.00 JPMORGAN CHASE BANK OK TAX COMM- TAG(rITLE $46.00 JPMORGAN CHASE BANK OK.GOV -FEE $3.08 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES $488.12 JPMORGAN CHASE BANK TRAVEL EXPENSE $24.87 AMBULANCE -Total $8,760.23 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $117.25 BROOKE ELLIOTT AMBULANCE REFUND $100.00 COMMUNITY CARE AMBULANCE REFUND $2,374.64 JIMMIE MYLES AMBULANCE REFUND $235.00 RICHARD DUBWIG AMBULANCE REFUND $112.00 AMBULANCE SERVICE -Total $2,938.89 AMBULANCE SERVICE -Total $11,699.12 21 E -911 AT &T MO SVC FEE T -1 CIRCUITS R $1,053.42 MOTOROLA SOLUTIONS, INC MO PYMT SVC AGMT $2,635.80 E911 COMMUNICATIONS -Total $3,689.22 E -911 -Total $3,689.22 25 HOTEL TAX JPMORGAN CHASE BANK WEIHAAS -MAINT FEE $600.00 JPMORGAN CHASE BANK ZOOM - RENEWAL $149.90 HOTEL TAX ECON DEV • Total $749.90 CITY GARAGE LABOR/OVERHEAD - APRIL, 2 $250.08 OWASSO COMMUNITY FOUNDATION INC 2021 NEIGHBORHOOD GRANT F $24,500.00 STRONG NEIGHBORHOODS -Total $24,750.08 HOTELTAX -Total $25,499.98 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. AERIAL DRONE SURVEY $10,000.00 MESHEK & ASSOCIATES, P.L.C. BLACKJACK CREEK DRAINAGE $9,925.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - MI $2,832.50 MESHEK & ASSOCIATES, P.L.C. STORMWATER DRAINAGE $7,973.70 ANALY UNIFIRST HOLDINGS LP UNIFORM SERVICE $11.98 STORMWATER- STORMWATER -Total $30,743.18 STORMWATER MANAGEMENT -Total $30,743.18 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK ADVANTAGE- UPFITTING $3,946.90 AMBULANCE CAPITAL FD - Total $3,946.90 5 Fund Claims List - 4/20/2021 Vendor Name Payable Description Payment Amount 31 AMBULANCE CAPITAL -Total $3,946.90 34 VISION TAX TULSA COUNTY CLERK TULSA COUNTY FILINGS $20.00 116TH -MINGO TO GARNETT RD - Total $20.00 MESHEK & ASSOCIATES, P.L.C. ROW ACQUISITION SERVICES $3,500.00 96TH FROM 119TH TO 129TH -Total $3,500.00 VISION TAX -Total 37 SALES TAX FIRE BLUE ENERGY FUELS, LLC CITY GARAGE CITY GARAGE CITY OF OWASSO FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK ONEOK, INC OKLAHOMA NATURAL GAS SALES TAX FUND -FIRE -Total $12,026.64 SALES TAX FIRE - Total $12,026.64 38 SALES TAX POLICE JPMORGAN CHASE BANK LOWES - SUPPLIES $43.98 POLICE OBSERVATION TOWER -Total $3,520.00 CNG FUEL PURCH - MARCH, 2 $32.71 LABOR/OVERHEAD -APRIL, 2 $3,229.75 LABOR/OVERHEAD - MARCH, 2 $137.87 WATER $164.50 FUELMAN EXPENSES - MARCH, $1,973.16 AMAZON - BATTERIES $39.60 AMAZON -LAWN MAINT $27.49 CHEWY -K9 FOOD $41.51 CORNERSTONE - REFUND ($0.95) CORNERSTONE - SUPPLIES $15.96 FIRE SVC TRNING -TRAIN $3,750.00 GUNNER KENNELS - REFUND ($36.03) LIBERTY FLAGS -FLAGS $898.35 NSC- SUPPLIES $154.48 OREILLY -FLOOR DRY $47.96 SAFE KIDS -REGIS FEE $95.00 SAMS- SUPPLIES $106.24 SPECIAL OPS- UNIFORM $612.96 STANDARD SPLY - MAINT $107.65 SUMNERONE -LEASE $160.27 NATURAL GAS USAGE $268.16 SALES TAX FUND -FIRE -Total $12,026.64 SALES TAX FIRE - Total $12,026.64 38 SALES TAX POLICE JPMORGAN CHASE BANK LOWES - SUPPLIES $43.98 POLICE OBSERVATION TOWER -Total $43.98 AXON ENTERPRISE INC TASERS AND EQUIPMENT $18,320.00 CITY GARAGE LABORIOVERHEAD- APRIL, 2 $10,936.58 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $3,037.20 CITY OF OWASSO WATER $36.50 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $10,461.20 JPMORGAN CHASE BANK AMAZON -EQUIP $232.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $246.77 JPMORGAN CHASE BANK AMER WASTE- RENTAL $108.95 JPMORGAN CHASE BANK BSMNT WOORDWORK -REFUN ($946.00) El Claims List - 4/20/2021 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK CALIBRE PRESS- TRAININ $259.00 JPMORGAN CHASE BANK CMI- SUPPLIES $90.00 JPMORGAN CHASE BANK FAM ANIMAL MED -SVC $354.27 JPMORGAN CHASE BANK GALLS -VEST $621.65 JPMORGAN CHASE BANK GT DIST- FIREARM SPLY $1,898.25 JPMORGAN CHASE BANK GT DIST -TOOLS $709.64 JPMORGAN CHASE BANK KUM &GO -FUEL $52.70 JPMORGAN CHASE BANK LOWES- SUPPLIES $89.30 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $21.54 JPMORGAN CHASE BANK SAFEWARE- UNIFORM $3,198.56 JPMORGAN CHASE BANK SHOE CARNIVAL - UNIFORM $99.98 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $404.91 JPMORGAN CHASE BANK STANDARD SPLY -MOWER $4,820.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $464.97 SALES TAX FUND - POLICE -Total $55,519.97 SALES TAX POLICE - Total $55,563.95 39 SALES TAX STREETS AEP IPSO STREET LIGHTS $6,288.41 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - MARCH, 2 $209.90 CITY GARAGE LABORIOVERHEAD- APRIL, 2 $3,562.75 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $2,879.59 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $2,766.99 UNIFIRST HOLDINGS LP UNIFORM SERVICE $281.52 VERDIGRIS VALLEY ELECTRIC COOP 1161129 TRAFFIC SIGNA $75.03 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $73.32 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $5.88 SALES TAX FUND - STREETS -Total $16,143.39 GRADE LINE CONSTRUCTION FY2020 STREET REHAB $132,518.53 ST REHAB FY19 -20 -Total $132,518.53 TERRACON CONSULTANTS INC GEOTECHNICAL ENGINEERING $17,500.00 STREET REHAB FY20 -21 - Total $17,500.00 SALES TAX STREETS -Total $166,161.92 68 OPWATIF BROGRAN LLC TIFAGREEMENT $66,200.00 MAIN STREET DEVELOPMENT LLC TIF AGREEMENT $181,860.00 OPWA ECONOMIC DEV -Total $248,060.00 OPWA TIF -Total $248,060.00 70 CITY GARAGE FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MARCH, $12.68 JPMORGAN CHASE BANK AMERIFLEX -HOSE $33.95 JPMORGAN CHASE BANK HESSELBEIN -TIRES $388.24 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $9.20 JPMORGAN CHASE BANK SAVOW DECALS $200.00 7 Claims List - 4/20/2021 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $258.70 CITY GARAGE -Total $902.77 CITY GARAGE -Total $902,77 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS' COMP CLAIMS $6,182.98 OK TAX COMMISSION SPECIAL TAX UNIT MITF ASSESSMENTS $6,661.83 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $14,503.14 WORKERS' COMP SELF -INS -Total $14,503.14 77 GENERAL LIABILITY - PROPERT BURGGRAF SERVICES CLEANUP ON BRGC $17,087.25 CLUBHOUSE GEN LIAB -PROP SELF INS - Total $17,087.25 GENERAL LIABILITY - PROPERT - Total $17,087.25 City Grand Total $655,751.37 TO: The Honorable Mayor and City Council FROM: Jason Woodruff Deputy Chief of Police SUBJECT: Cherokee Nation Donation DATE: April 16, 2021 BACKGROUND: Pursuant to Cherokee Nation Legislative Act 4 -03, up to twenty percent (20 %), but not less than five percent (5 %), of funds generated by fees collected for the Cherokee Nation Motor Vehicle tags are to be made available to county and municipal law enforcement agencies within the Cherokee Nation jurisdiction. On April 14, 2021, the Cherokee Nation donated $5,361.00 to the police department. If approved, the donated funding will be utilized to support police operations. RECOMMENDATION: Staff recommends acceptance of the donation from the Cherokee Nation and approval of a budget amendment increasing revenue in the General Fund by $5,361.00 and increasing the appropriation for expenditures in the Police Services Budget by $5,361.00. CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -05 COMMEMORATING THE 1921 TULSA RACE MASSACRE WHEREAS, in the early 20th century, de jure segregation confined Tulsa's black residents into the "Greenwood District ", which they built into a thriving community with a nationally renowned entrepreneurial center known as "Black Wall Street "; and, WHEREAS, at the time, white supremacy and racist violence were common throughout the United States and went largely unchecked by the justice system; and, WHEREAS, reports of an alleged and disputed incident on the morning of May 30, 1921, between two teenagers, a black man and a white woman, caused a faction of the white community of Tulsa to call for a lynching amidst a climate of racial hostility and resentment over black economic success; and, WHEREAS, on May 31, 1921, a mob of armed white men descended upon Tulsa's Greenwood District and launched approximately 24 hours of violence now known as the "Tulsa Race Massacre "; which led to the death of an estimated 300 black residents, as well as over 800 reports of injuries; and, WHEREAS, in addition to the countless lives that were lost and injured, the perpetrators of the Tulsa Race Massacre looted, damaged, burned, or otherwise destroyed approximately 40 square blocks of the Greenwood District, including an estimated 1,256 homes of black residents, as well as virtually every other structure, including churches, schools, businesses, a hospital, and a library, leaving nearly 9,000 black Tulsans homeless and effectively wiping out black prosperity and wealth in Tulsa; and, WHEREAS, Oklahoma local and State governments dismissed claims arising from the 1921 Tulsa Race Massacre for decades, and the event was effectively erased from collective memory and history until, in 1997, the Oklahoma State Legislature finally created a commission to study the event, and this commission issued a report of their findings on February 28, 2001, that detailed, for the first time, the extent of the Tulsa Race Massacre and the decades -long efforts to suppress its recollection; and, WHEREAS, the year 2021 marks the 100th anniversary of the Tulsa Race Massacre. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, HEREBY: 1. Recognizes the forthcoming centennial of the Tulsa Race Massacre; and, 2. Acknowledges the historical significance of this event as one of the largest single instances of violence against black people in American history; and, 3. Honors the lives and legacies of the estimated 300 black individuals who were killed during the Massacre and the nearly 9,000 black individuals who were left homeless and destitute; and, 4. Execrates the perpetrators of the Tulsa Race Massacre, including municipal officials and law enforcement who directly participated in or who aided and abetted the unlawful violence, and supported efforts to cover up the truth and shield the guilty from prosecution. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Oklahoma, values the lives and legacies of all its residents, and is committed to making the City of Owasso a place where all people who live here feel honored and respected. PASSED AND APPROVED this 20th day of April, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Funding Agreement— North 137th East Avenue Service Road Extension DATE: April 16, 2021 BACKGROUND: The proposed North 1371h East Avenue extension from Highway 20 to East 118th Street North on the east side of US Highway 169, would provide access to the commercial property in the planning stage of development and other future development along a portion of US Highway 169 corridor. The service road extension would include traffic signal improvements at the intersection of Highway 20 and North 137th East Avenue, stormwater improvements, grading, roadway base installation, curb and gutter, asphalt paving and a section of concrete pavement. The service road extension is estimated to cost $747,000.00, excluding the labor to install the asphalt paving. In December 2020, City and Tulsa County staff and representatives of Thiessen North Investment Group, LLC, met to discuss funding options, and a partnership between the parties to contribute either funds and /or equipment and labor for the project. AGREEMENT: The proposed agreement between the City of Owasso and the Thiessen North Investment Group, LLC, contains language detailing the public /private partnership. A summary of the proposed agreement's key points are as follows: • City of Owasso intends to construct the North 137th East Avenue Service Road Extension. City of Owasso and Thiessen North Investment Group, LLC, each agree to pay $373,500.00 of the cost to construct the road. If the cost of construction exceeds $747,000.00, each party shall pay 50% of the additional cost. Thiessen North Investment Group, LLC, hereby agrees to reimburse City of Owasso when construction is complete and prior to City Council project acceptance. The City of Owasso and Tulsa County would need to enter into an interlocal agreement at a later date to formalize the contribution of labor and equipment to install the asphalt lanes, which is anticipated to result in an approximate savings to the City of $119,000.00. FUNDING: Funding is available in the Capital Improvements Fund. In addition, Thiessen North Investment Group, LLC, will contribute 50% of the total cost of the roadway construction project. North 137th East Avenue Service Road Extension Page 2 RECOMMENDATION: Staff recommends approval of a Funding Agreement between City of Owasso and Thiessen North Investment Group, LLC, for the North 137th East Avenue Service Road Extension and authorization to execute the necessary documents. ATTACHMENTS: Agreement Site Map ROAD EXTENSION This Agreement is entered into on this 20 day of APRIL, 2021, by CITY OF OWASSO and THIESSEN NORTH INVESTMENT GROUP, LLC ( "THIESSEN "). City of Owasso and THIESSEN hereby agree to the following: City of Owasso intends to construct the North 137`h East Avenue Service Road Extension. 2. City of Owasso and THIESSEN each agree to pay $373,500.00 of the cost to construct the road. If the cost exceeds $373,500.00, each party shall pay 50% of the additional cost. OLT hereby agrees to reimburse City of Owasso up to $373,500.00, and thereafter 50% of the total contact cost which exceeds the $373,500.00 to be paid by each party, for the North 137`h East Avenue Service Road Extension. $373,500.00 (and 50% of the total contract cost exceeding $373,500.00 to be paid by each party) will be paid by THIESSEN to City of Owasso when construction is complete and prior to City Council project acceptance. 5. City of Owasso hereby agrees to fund $373,500.00 of the cost of constructing the road and, additionally, 50% of the total contract cost exceeding the $373,500.00 to be paid by each party for the North 137`' East Avenue Service Road Extension. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM & CONTENT: Julie Lombardi, City Attorney CITY OF OWASSO By: Bill Bush, Mayor THIESSEN NORTH INVESTMENT GROUP, LLC 2 North 137th East Avenue Service Road Extension I" = 399 ft Sub Title Tnis map may represents a visual display of rein ed geographic information. Data provided here cn is no: auarartee of acutual field condhicns. To be sure cf complete accuracy, please contact the responsible staff fcr most up to-date intormati on. TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Right -of -Way Acquisition East 96th Street North from North 1 19th East Avenue to North 129th East Avenue Roadway Improvement Project DATE: April 16, 2021 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for East 96th Street North from North 119th East Avenue to North 1291h East Avenue Roadway Improvements. Negotiations for the purchase of 1,603.80 square feet of right -of -way from Walgreens Co. and JR Owasso Ventures, LLC, located at 12802 East 961h Street North, have been successfully completed and staff is seeking City Council authorization to purchase the land. DESCRIPTION /PURCHASE PRICE: The settlement offer for the right -of -way is $19.00 per square foot, for the purchase price of $30,472.20. Compensation for damages in the amount of $25,000.00, is in addition to the right -cf- way, for a total cost of $55,472.20. Walgreens Co. and JR Owasso Ventures, LLC, have requested the payment be split between the two parties. FUNDING: Funding for this purchase is included in the project from the Vision Recapture Fund. RECOMMENDATION: Staff recommends authorization for payment in the amount of $43,979.15 to Walgreens Co., and $11,493.05 to JR Owasso Ventures, LLC, for the acquisition of right -of -way and compensation for damages, located at 12802 East 96th Street North. ATTACHMENTS: Agreement Regarding Payment of Proceeds Site Map AGREEMENT REGARDING PAYMENT OF PROCEEDS This Agreement is made an entered into by JR Owasso Ventures, LLC, a Limited Liability Company, 12802 E. 960' OK, LLC, a Limited Liability Company, and Walgreen Co., an Illinois Corporation, as of the date last executed below. WHEREAS, the City of Owasso, Oklahoma is preparing an eminent domain taking over properly known generally as 12802 E. 9& St. N., Owasso, OK, 74055 (the "Taking ") as more specifically outlined in the various documents related to the same; WHEREAS, the City of Owasso, Oklahoma, communicated with JR Owasso Ventures, LLC and Walgreen Co. in anticipation of the filing to negotiate and enter into an agreement in lieu of a formal eminent domain taking; WHEREAS, the City of Owasso, JR Owasso Ventures, LLC and Walgreen Co. entered into an agreement on compensation and concessions related to the taking; WHEREAS, such agreement was that the City of Owasso would pay a total of $55,472.20 for the Taking, Walgreen Co. is to receive $43,979,15 and JR Owasso Ventures LLC is to receive $11,493.05; WHEREAS, prior to the execution of such documents, JR Owasso Ventures, LLC sold their interest in the property to 12802 E. 96" OK, LLC; WI -MIZEAS, as a pant of the negotiation regarding the sale of the property, JR Owasso Ventures, LLC and 12802 E. 9611i OK, LLC agreed that JR Owasso Ventures, LLC would retain the compensation for the Taking and that 12802 E. 96Th OK, LLC would execute any documents required to transfer such interest to the City of Owasso as the current leased fee owner of the property; NOW THEREFORE, the Parties agree that the above - stated recitations are correct and accurate, and the City of Owasso should distribute the proceeds from the Taking as follows: To Walgreen Co.: $43,979.15 To JR Owasso Ventures, LLC - $11,493.05 Total Payment: $55,472.20 JR OWASSO VENTURE, S, LLC 12802 E. 96th OK, LLC by BA AOLDCO, LLC By: Title: WALGREEN CO. By: Richard N. Steiner Title: Director and Managing Counsel Date: AGREEMENT REGARDING PAYMENT OF PROCEEDS This Agreement is made an entered into by JR Owasso Ventures, LLC, a Limited Liability Company, 12802 E. 96 `1 OK, LLC; a Limited Liability Company, and Walgreen Co., an Illinois Corporation, as of the date last executed below. WHEREAS, the City of Owasso, Oklahoma is preparing an eminent domain taking over property known generally as 12802 E. 96 "' St. N., Owasso, OK, 74055 (the "Taking ") as more specifically outlined in the various documents related to the same; WHEREAS, the City of Owasso, Oklahoma, communicated with JR Owasso Ventures, LLC and Walgreen Co. in anticipation of the filing to negotiate and enter into an agreement in lieu of a formal eminent domain taking; WHEREAS, the City of Owasso, JR Owasso Ventures, LLC and Walgreen Co. entered into an agreement on compensation and concessions related to the taking; WHEREAS, such agreement was that the City of Owasso would pay a total of $55,472.20 for the Taking; Walgreen Co. is to receive $43,979.15 and JR Owasso Ventures LLC is to receive $11,493.05; WHEREAS, prior to the execution of such documents, JR Owasso Ventures, LLC sold their interest in the property to 12802 E. 96 "' OK, LLC; WHEREAS, as a part of the negotiation regarding the sale of the property, JR Owasso Ventures, LLC and 12802 E. 96 "' OK, LLC agreed that JR Owasso Ventures, LLC would retain the compensation for the Taking and that 12802 E. 9611' OK, LLC would execute any documents required to transfer such interest to the City of Owasso as the current leased fee owner of the property; NOW THEREFORE, the Parties agree that the above - stated recitations are correct and accurate, and the City of Owasso should distribute the proceeds from the Taking as follows: To Walgreen Co.: $43,979.15 To JR Owasso Ventures. LLC: $11.493.05 Total Payment: $55,472.20 JR OWASSO VENTURES, LLC Date: By: Title: 12802 E. 96 "' OK, LLC by BA HOLDCO, LLC Date: By: Ric N. Steiner Title: Director and Managing Counsel E 96 St N Improvements (N 119 E Ave to N 129 E Ave) Sub Title 04/12/2021 This map may represents a visual display of related geographic inform ation. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to-date information. TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Bid Award - Central Park Drainage Improvements DATE: April 16, 2021 BACKGROUND: The Central Park drainage channel is located between East 861h Street Norf h and Owasso High School, West Campus. The channel is northeast of the East 86th Street North and North 123rd East Avenue Intersection. Start of construction will be north of the Coney Islander restaurant at 12375 East 86th Street North and traverse northeasterly between the commercial properties along East 861h Street North and residential properties in Lake Ridge and Central Park subdivisions. The channel continues toward the Small Animal Hospital of Oklahoma vet clinic at 12555 East 861h Street North and meanders into the property owned by residents in Central Park II. As the channel leaves Central Park II, it enters into the Owasso Public School property at 8800 North 129th East Avenue, and connects with the Central Park detention pond outlet. This project was listed as a priority project in the 2005 Master Drainage Plan (MDP) as several residents expressed concern with the channel moving closer to their houses after larger rainfalls. The purpose of this project is to realign the meandering channel into the existing drainage easement. The downstream portion of the channel will have an earthen bottom and gravity rock retaining wall system. The upstream portion, located on school property, will have an earthen trapezoidal channel. The channel will be realigned to keep from damaging the school west parking lot. Meshek and Associates, PLC, was hired to design the channel improvements. The project was surveyed and designed, private utilities were relocated and easements were obtained for grading the yards to the new channel once the channel earthwork is completed. The U. S. Army Corps of Engineers (USACE) have been consulted and they permitted the project. BID ADVERTISEMENT: Advertisements were published February 19, 2021, and February 26, 2021, in accordance with state law, and a mandatory pre -bid meeting was held March 11, 2021. Bids were opened March 25, 2021, with four (4) qualified contractors submitting bids: Bidder Total Base Bid Construction Enterprises, Inc. $1,188,801.99 Tri -Star Construction, LLC 1,309,146.75 Ground Level, LLC $1,388,966.00 Meridian Contracting, Inc. $1,736,197.00 Engineer's Estimate 1,114,546.30 The three (3) lowest bidders are within 15% of each other and considered acceptable, with Construction Enterprises, Inc. being the low bidder. Central Park Channel Bid Award Page 2 FUNDING: Funding for this project is available in the Capital Improvement Fund and Stormwater Fund. RECOMMENDATION: Staff recommends awarding the bid to Construction Enterprises, Inc., of Tulsa, Oklahoma, in the amount of $1,188,801.99, and authorization to execute the necessary documents. ATTACHMENTS: Agreement Location Map THIS AGREEMENT is dated April 20, 2021, by and between The City of Owasso (hereinafter called OWNER) and Construction Enterprises, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Central Park Drainage Improvements CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: Draining, grading and expanding a portion of the Central Park Channel located in Owasso, OK., with a segmental block retaining wall, along with landscape improvements, relocation of a sanitary sewer and final cleanup. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his /her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred Fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred Eighty (180) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as 0221 00300 - Page 1 of 15 liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract Amount is One million, one hundred eighty -eight thousand, eight hundred and one dollars and 99/100 ($1,188,801.99) ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS AGREEMENT 0221 00300 - Page 2 of 15 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. AGREEMENT 0221 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 0221 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 32, inclusive, and Standard Drawings. 7.21 Addendum Numbers _ to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 0221 00300 - Page 5 of 15 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on April 20, 2021. OWNER: City of Owasso CONTRACTOR: By Bill Bush, Mayor (SEAL) ATTEST: (SEAL) Juliann M. Stevens, City Clerk Title Address for giving notices: City of Owasso Public Works P.O. Box 180 Owasso, OK 74055 AGREEMENT 0221 00300 - Page 6 of 15 Central Park Channel Project 1" = 300 ft Location Map 04/05/2021 This map may re resents a visual alsplay of related geographic information. Data provided hereon is not guarantee of acutuaI field con. mcns. To be sure of complete accaracy, please contact the responsible staf for most up- to-date information. TO: The Honorable Mayor and City Council The Honorable Chair and Trustees - Owasso Public Works Authority (OPWA) FROM: Linda Jones, Finance Director SUBJECT: Resolution 2021 -06, establishing Utility Rates - Water, Sewer and Refuse Rates and Fees; Resolution 2021 -07, establishing Stormwater System Service Charges DATE: April 16, 2021 BACKGROUND: As was presented to City Council in March and April worksessions, in order for the City to comply with both City Ordinance and Oklahoma Water Resources Board loan requirements, staff proposes effective October 1, 2021, a five (5) year plan to increase water, sewer, refuse, and stormwater rates to prevent a deficit budget and to recover expected cost increases. PROPOSED FIVE (5) -YEAR UTILITY RATE PLAN: The proposed revenue increases were computed based on assumptions regarding both annual increased costs of labor and materials and also 3% annual increased costs of water purchased from the City of Tulsa. Since actual cost increases will differ from projections, the City will review and report each year to City Council, prior to the presentation of the annual budget the progress towards maintenance of a budgetary fund balance of between one and three months of annual operating revenues. Staff will also annually outline Owasso Public Works Authority (OPWA) capital project needs and present a timeline and estimated cost of projected construction. If the fund balances of the OPWA and Stormwater Funds fall outside of the targeted range or if additional circumstances change such as identification of critical capital projects, the City Council may amend the rate plan as necessary with publication of the proposed rates and at least 30 days' notice to customers. Resolution 2021 -06 has been prepared outlining water, sewer, refuse, and metered fire hydrant rates for the next five (5) years beginning October 1, 2021. In addition, Resolution 2021 -07 has been prepared outlining rates for stormwater system service for the next five (5) years beginning October 1, 2021. Staff recommends City Council approval and OPWA Trustee affirmation of Resolution 2021 -06, establishing water, sanitary sewer service, refuse, and metered fire hydrant rates and fees within and without the corporate limits of the City of Owasso, for the next five (5) years beginning October 1, 2021. Staff recommends City Council approval of Resolution 2021 -07, establishing rates for stormwater system service charges within the corporate limits of the City of Owasso, for the next five (5) years beginning October 1, 2021. ATTACHMENTS: Resolution 2021 -06 Resolution 2021 -07 CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -06 A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING WATER, SANITARY SEWER SERVICE, REFUSE, AND METERED FIRE HYDRANT RATES AND FEES WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, AND ESTABLISHING EFFECTIVE DATES WHEREAS, The City Council of the City of Owasso desires to establish the following rates forthe provision of water service within the Owasso Corporate limits: Usage Tier Rates Per 1,000 Gallons Users Inside the Corporate Limits Minimum Monthly Meter Charge for First 1,000 gallons Meter Size Effective 10 -1 -21 Effective 10 -1 -22 Effective 10 -1 -23 Effective 10 -1 -24 Effective 10 -1 -25 3/4" $12.82 $13.08 $13.34 $13.61 $13.88 1" $13.72 $13.99 $14.27 $14.56 $14.85 1 %" $15.72 $16.03 $16.35 $16.68 $17.01 2" $16.72 $17.05 $17.39 $17.74 $18.09 3" $31.72 $32.35 $33.00 $33.66 $34.33 4" $36.72 $37.45 $38.20 $38.96 $39.74 6" $51.72 $52.75 $53.81 $54.89 $55.99 H drant $75.00 $76.50 $78.03 $79.59 $81.18 Usage Tier Rates Per 1,000 Gallons Users Inside the Corporate Limits Effective 10 -1 -21 Effective 10 -1 -22 Effective 10 -1 -23 Effective 10 -1 -24 Effective 10 -1 -25 First 1,000 gallons Minimum Meter Charcle Minimum Meter Charge Minimum Meter Charge Minimum Meter Charge Minimum Meter Charge 2,000 gallons $7.66 $7.81 $7.97 $8.13 $8.29 3,000 - 5,000 gallons $7.71 $7.86 $8.02 $8.18 $8.34 6,000 - 10,000 gallons $7.76 $7.92 $8.08 $8.24 $8.40 11,000 - 20,000 gallons $7.80 $7.96 $8.12 $8.28 $8.45 21,000 gallons or more $7.85 $8.01 $8.17 $8.33 $8.50 and, WHEREAS, The City Council of the City of Owasso desires to establish water meter and usage rates for users outside the Owasso Corporate Limits at 120% the rate charged to users inside the Corporate Limits; and, WHEREAS, The City Council of the City of Owasso desires to establish the following rates, fees and stipulations for metered fire hydrant water usage: • Deposit per meter of $1,000.00 • Minimum meter and usage based on aforementioned rate system • Non - refundable service initiation fee of $10.00 • Penalty for failure to report meter readings by the tenth (10th) day of each month of $50.00 first time, $100.00 second time, and $150.00 each additional time; and, Resolution 2021 -06 Page 2 of 2 WHEREAS, The City Council of the City of Owasso desires to establish the following rates for the provision of sewer service: Monthly Sewer Fee for Users Inside the Cor orate Limits Effective Date Base Fee Volume Rate Per 1,000 Gallons 10 -1 -21 $10.01 $4.36 10 -1 -22 $10.51 $4.58 10 -1 -23 $11.04 $4.81 10 -1 -24 $11.59 $5.05 10 -1 -25 $12.17 $5.30 and, WHEREAS, The City Council of the City of Owasso desires to establish sewer rates for users outside the Owasso Corporate Limits at 120% the rate charged to users inside the Corporate Limits; and, WHEREAS, The City Council of the City of Owasso desires to establish the following rates for the provision of refuse service: Month[ Refuse Fee Effective Date Residential Per Cart Commercial Per Cart Yardwaste Per Cart 10 -1 -21 $16.95 118.95 $14.95 10 -1 -22 $17.20 $19.20 $15.20 10 -1 -23 $17.45 $19.45 $15.45 10 -1 -24 $17.70 $19.70 $15.70 10 -1 -25 1 $17.95 $19.95 1 $15.95 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: SECTION ONE: From and after the effective date of this Resolution (as hereinafter set forth), the charge by the City for water service, sewer service, refuse service, and metered fire hydrant usage shall be adjusted in accordance with the above - referenced recital paragraphs in accordance with authority established by Part 17, Chapter 1 and Chapter 2 of the City of Owasso, Code of Ordinances. SECTION TWO: The water, sewer, refuse, and metered fire hydrant rates and fees established pursuant to this Resolution shall become effective with the first utility billing cycle in October, 2021. PASSED AND APPROVED this 20th day of April, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING RATES FOR STORMWATER SYSTEM SERVICE CHARGES WITHIN THE CORPORATE LIMITS OF THE CITY OF OWASSO, OKLAHOMA, AND ESTABLISHING EFFECTIVE DATES WHEREAS, the City Council of the City of Owasso, Oklahoma desires to establish the following rates for the provision of stormwater system service, effective October 1, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: SECTION ONE: From and after the effective date of this Resolution (as herein set forth), the following service charges are established for the use of the City's Stormwater System: SECTION TWO: The rates and fees established pursuant to this Resolution shall become effective with the first utility billing cycle in October, 2021. PASSED AND APPROVED this 20th day of April, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Commercial Volume Effective Date Monthly Per Equivalent Service Unit Minimum Monthly Residential (3,000 square feet of Commercial Stormwater Fee impervious area) Stormwater Fee 10 -1 -21 5.50 $6.25 $12.50 10 -1 -22 $6.00 $6.75 $13.50 10 -1 -23 $6.50 $7.25 $14.50 10 -1 -24 $7.00 $7.75 $15.50 10 -1 -25 $7.50 $8.25 $16.50 SECTION TWO: The rates and fees established pursuant to this Resolution shall become effective with the first utility billing cycle in October, 2021. PASSED AND APPROVED this 20th day of April, 2021. Bill Bush, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Resolution 2021 -08, Annual Adoption Comprehensive Rate and Fee Schedule to include New Fire Inspection Fees and Reservation Rates for Redbud Festival Park Facilities DATE: April 16, 2021 BACKGROUND: Resolution 2020 -01, approved by the City Council in January 2020, established the 2020 Comprehensive Master Rate and Fee Schedule. This document contains a listing of current rates and fees charged to customers for services provided by the City and its Trust Authorities and is reviewed annually. Any subsequent amendments are proposed by Resolution. Various amendments to the Rate and Fee Schedule were presented for review and discussion at the March and April worksession meetings. Drafted for City Council consideration, Resolution 2021 -08 would establish new rates and fees relating to the reservation of Redbud Festival Park facilities and inspections performed by the Fire Department, as well as incorporate rates and fees previously approved by the City Council into the 2021 Comprehensive Master Rate and Fee Schedule. FIRE DEPARTMENT: DECREASE /CHANGE FEE - The Fire Department has a Fire Alarm /Sprinkler review and inspection fee under Building Services. The Department is proposing to decrease the base fee from $300.00 to $50.00, and charge the current $.02 per square foot across the board, eliminating the "greater than 15,000 sq. ft." criteria. NEW FEES - The following new inspection fees are proposed: • Commercial Kitchen Hood - plans are submitted to the Fire Department for review and an inspection is made to ensure the equipment is installed per the plans. Proposed $35.00 base fee and $30.00 per re- inspection • Automatic Gates - plans are submitted to the Fire Department for review, followed by an inspection to ensure the equipment is installed per the plans. Proposed $30.00 base fee and $25.00 per re4nspection • Fire Inspection - a structure that requires afire inspection and annual fire inspection. Proposed base fee of $50.00 and $25.00 per re- inspection • Work started without approved plans - contractors who perform work without having plans approved. Proposed $100.00 base fee, plus the cost of the initial plan review. RECREATION AND CULTURE: NEW FEES - The Redbud Festival Park Outdoor Venue includes a Main Stage, a Pavilion, and Food Truck Alley. These designated facilities are available to be reserved by individuals or groups for private events. The following new fees are proposed: 2021 Comprehensive Master Rate and Fee Page 2 • Main Stage /Pavilion /Food Truck Alley — A single reservation will include all three facilities for a four -hour minimum session. Proposed refundable deposit of $200.00 and a session rate of $250.00. • Optional add -ons - Stage Sound Equipment $100.00 per session and Theatrical Lighting $100.00 per session. ADDITIONAL AMENDMENTS: The following rates and fees were previously approved by the City Council and will be included in the 2021 update: • Water, Sanitary Sewer, and Refuse Service Rates effective as of October 10, 2020 (Resolution 2016 -12) • Economic Development Incentive Application Fee - $200.00 per application (Resolution 2019 -18) • Small Cell Wireless Facility Application and Permit Fee for the installation, modification, or replacement of a Utility Pole - $350.00 per pole (Resolution 2020 -03) • Small Cell Wireless Facility Application and Permit Fee for collocation on an existing or replacement municipal or authority pole - $200.00 per pole for first five poles listed on one application and $100.00 per each addition pole listed on the same application (Resolution 2020 -03) RECOMMENDATION: Staff recommends approval of Resolution 2021 -08, establishing new rates and fees for Recreation and Culture, and the Fire Department; and, adopting the 2021 Comprehensive Master Rate and Fee Schedule. ATTACHMENT: Resolution 2021 -08 CITY OF OWASSO, OKLAHOMA RESOLUTION 2021 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING THE 2021 COMPREHENSIVE MASTER RATE AND FEE SCHEDULE, ESTABLISHING NEW RATES AND FEES FOR RECREATION AND CULTURE AND FIRE DEPARTMENT, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council and City staff desire to compile all rates and fees into one comprehensive master schedule that provides a single source listing of fees, utility rates, and other charges for services; and, WHEREAS, the City Council desires to establish new rates and fees and update the comprehensive master schedule for users of city facilities and services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE: The following rates and fees are established for Redbud Festival Park Reservations and shall become effective May 1, 2021: Pavilion, Food Truck Alley, and Main Stage Per Session (4 -hour minimum) $250.00 Refundable Deposit $200.00 SECTION TWO: The following rates and fees are established for Fire Department Inspections and shall become effective May 1, 2021: Automatic Gates plan review and install base $30.00 inspection per re -ins ection $25.00 Commercial Kitchen Hood plan review and base $35.00 install inspection per re-inspection $30.00 Fire Alarm /Sprinkler Fee base; plus state fee $50.00 plus per SF $.02 per SF Inspection of work performed without base; plus payment of $100.00 approved plans initial cost Required fire inspection or Annual inspection base $50.00 per re-inspection $25.00 SECTION THREE: The 2021 Comprehensive Master Rate and Fee Schedule, made a part of this Resolution as Attachment "A ", is hereby established as the schedule of rates and fees charged by the City of Owasso for services. PASSED AND APPROVED this 201h day of April 2021. ATTEST: Bill Bush, Mayor Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 2021 Comprehensive Rate and Fee Schedule Resolution 2020 -01 (approved January 7, 2020) Resolution 2021 -08 (proposed April 20, 2021) DEPARTMENT NOTES AMOUNT Alcohol Occupation Tax: Brewer License $1,250.00 Small Brewer License $125.00 Small Brewer Self- Distribution License $325.00 Brewpub License $500.00 Brewpub Self- Distribution License $325.00 Distiller or Rectifier License $3,125.00 W inemaker License $625.00 Small Farm Winery License $75.00 Winemaker Self- Distributor License $325.00 Wine and Spirits Wholesaler $3,000.00 Beer Distributor $750.00 Retail Spirits over 5,000 $400.00 Retail Wine License $500.00 Retail Beer License $250.00 On- Premises Mixed Beverage and /or Caterer License $500.00 On- Premises Beer and Wine License $250.00 Annual and /or Quarterly Special Event License (not public) $25.00 Annual Public Event License $500.00 One -Time Public Event License $125.00 Hotel Beverage License $500;00 Business Licenses /Permits: Kennel Proprietor License Annual $100.00 House Moving License Annual $25.00 Mobile Food Vendor Permit - Food Truck /Trailer Food Vendor Per Year, per vehicle /trailer /cart $25.00 Pre - packaged Mobile Food Vendor Per Year, per vehicle /trailer /cart $25.00 Stationary Mobile Food Vendor (1 -120 days Temporary Use Permit) Per Year, per vehicle /trailer /cart $250.00 Stationary Mobile Food Vendor (121 -365 days Temporary Use Permit) Per Year, per vehicle /trailer /cart $500.00 Replacement /lost permit Per duplicate $5.00 Background Check- Food Vendors traveling in Residential Areas Per person $10.00 CITY CLERK • Notes Collections Fee: Accounts referred for collections Copy & Search Fees: Copies Per page Certified Copies Per page Research Fees Minimum Fee - One Hour Audio Media Video Media Non - sufficient funds check fee: Solicitor License: Weekly Solicitor License Monthly Solicitor License Duplicate Solicitor License Non - profit organization Itinerant Vendor License - Board of Adjustment Application Fee: Application /Variance /Special Exception Planning Applications Fees: Cost of Publication Notice - All Fee per Notice Mailed - All Zoning Sign Fee Annexations Rezoning Application PUD Application PUD - Minor Amendment PUD - Major Amendment Specific Use Permit (SUP) Temporary Use Permit (TUP) Preliminary Plat Application Per Hour Additional First Hour Additional per hour Per item $50 Per week plus $10 per person $100 Per month plus $10 per person per license no charge Up to six days Per each additional day plus publication & per notice mailed cost billed to the applicant rate per notice mailed plus publication & per notice mailed plus publication & per notice mailed plus publication & per notice mailed plus per lot created plus per notice mailed plus per notice mailed for less than 120 days for more than 120 day to 1 year Amount 35% $0.25 $1.00 $15.00 $15.00 $25.00 $5.00 $25.00 $30.00 $50/$10 $100/$10 $5.00 $50.00 $1.00 $300.00 $3.00 $50.00 $100.00 $500.00 $500.00 $5.00 $250.00 $500.00 $500.00 $250.00 $500.00 $300.00 COMMUNITY DEVELOPMENT &BUILDING SERVICES confd) Final Plat Application Notes plus per lot addressing fee Re -Plat Site Plan Review Plat /Easement Vacation Lot Split Fee Emergency Storm Siren Fee Water /Sewer /Stormwater Assessment Fees Building Permits: State of Oklahoma Fee Permit application fee Residential - Residential New Residential Addition (includes garages) Storage Building or Detached Garage Residential Remodel Carport, Open Porch, Patio Roof Mechanical/Electrical/Plumbing Residential Re -Roof Permit Re- Inspection Fee Commercial - Commercial New or Addition Commercial Remodel Mechanical /Electric a I /Plumbing Commercial >1 5,000 SF Commercial Re -Roof Permit Re- Inspection Fee Certificate of Occupancy (C /O): Residential Multi- family Commercial Code Enforcement Administrative Fee: per acre per acre - varies by location added to every permit per trade non - refundable first 1,000 SF per additional 100 SF first 500 SF per additional 100 SF first 200 SF per additional 100 SF no structural change each; plus state fee each plus state fee per re- inspection first 1,000 SF per additional 100 SF first 1,000 SF per additional 100 SF each; plus state fee each plus per SF greater than 15,000 does not include state fee per re- inspection per building (does not include cost of abatement) Amount $3.00 $500.00 $500.00 $500.00 $300.00 $300.00 $50.00 $4.00 $100.00 $150.00 $5.50 $100.00 $5.50 $50.00 $5.50 $50.00 $50.00 $115.00 $75.00 $50.00 $400.00 $5.50 $150.00 $5.50 $150.00 $.01 per SF $200.00 $50.00 $50.00 $100.00 $100.00 $350.00 • • • Notes Economic Development Surcharge: Residential Permits first 1,000 SF per additional 100 SF Commercial Permits first 1,000 SF Engineering Plan Review: Fire Review and Inspection Fees: Automatic Gates plan review and install inspection Commercial Kitchen Hood plan review and install inspection Fire Alarm /Sprinkler Fee Inspection of work performed without approved plans Required fire inspection or annual inspection Re- Inspection Fee Individual Permits /inspections: Mechanical /Electrical /Plumbing Re- Inspection Pool Permit - in ground Pool Permit - above ground Moving Permit Demolition Permit Permit to cut /remove pavement Permit to excavate within public way Large format copy - Plat /Site Plan /Maps: Park Development Fee: Residential Permits Small Cell Wiresless Facility Application and Permit Fee: installation, modification, or replacement of Utility Pole collocation on existing or replacement municipal or authority pole per additional 100 SF Per Sheet base per re- inspection base per re- inspection base; plus state fee plus per SF base; plus payment of initial cost base per re- inspection per re- inspection each; plus state fee each first re- inspection additional re- inspection each plus state fee plus state fee fee to be set by Council fee to be set by Council per sheet - greater than 11 X17 development w/ amenity feature development w/o amenity feature multi - family - per unit per pole per pole for first five poles per each additional pole Amount $75.00 $4.00 $100.00 $4.00 $100.00 $30.00 $25.00 $35.00 $30.00 $50.00 $.02 per SF $100.00 $50.00 $25.00 $50.00 $50.00 $25.00 $50.00 $150.00 $85.00 $100.00 $100.00 $5.00 $400.00 $800.00 $50.00 $350.00 $200.00 $100.00 �., ..•. u•. aacu ■�...ay�..rcnyc�r- �.na�nn►�za rc•vrn��[.c.rarca�Notes Amount Special Assessment Letter & Zoning Letter Fee: Maximum fine $800.00 Special Assessment Letter per letter $25.00 Zoning Letter per letter $25.00 Sign Permit: Wall Signs Per ticket $100.00 Ground /Monument up to 6' Marijuana related offenses $100.00 Signs up to 10' tall Per ticket $200.00 Every Foot Above 10' plus per foot $20.00 Unified Sign Plan $1,000.00 Utility Connections: per application $200.00 Water Connection Fee Connection Size 5/8" - 3/4" Meter $800.00 1" Meter $1,000.00 1 1/2" Meter $2,100.00 2" Meter $2,600.00 3" Meter $2,800.00 Sewer Connection Fee Per connection $600.00 COURT Fines - Alcohol or Drug Related Offenses Maximum fine $800.00 Fines - Other Offenses Maximum fine $750.00 CLEET (State of Oklahoma fee) * Per ticket $30.00 * CLEET $10 / AFIS $10 / FORENSIC $10* Court Costs Per ticket $30.00 Oklahoma Bureau of Narcotics (OBN) Marijuana related offenses $5.00 Police Training Fee Per ticket $5.00 Warrant Fee Warrant issued $20.00 ECONOMIC DEVELOPMENT Incentive Application per application $200.00 Ambulance Subscription - ISIN ' WII RM4 Notes Amount Inside City Limits Rate per month $4.00 Outside City Rate per month $7.00 Senior Rate per month ($2 less than city rate) $2.00 Ambulance Service (with transport) per response $1,300.00 Mileage Rate per loaded mile $15.00 Treatment without transport $100.00 Patient Lift Assist Billed to healthcare facilities only $250.00 Non - emergency Transport Billed to healthcare facilities only $500.00 Fire Department: Blasting permit Per day $20.00 Rural Fire Response First company response per hour $250.00 Additional company per hour $250.00 Fees in excess of $1,000 at actual cost POLICE & ANIMAL CONTROL Alarm Fees: Alarm Registration- Residential Annual per address $30.00 Alarm Registration - Commercial Annual per address $100.00 Alarm Registration - Governmental Annual per address $0.00 Failure to Register - Residential Per address $60.00 Failure to Register - Commercial Per address $200.00 Failure to Register - Governmental Per address $200.00 False Alarm Response - Residential: Based on Responses per Year Registered- Intrusion or Panic Alarm Responses per year: 1 -2 $0.00 Non- Registered- Intrusion Alarm Responses per year: 1 -2 $50.00 Non - Registered -Panic Alarm Responses per year: 1 -2 $100.00 Registered & Non - registered: Intrusion Alarm Responses per year: 3 -5 $50.00 Intrusion Alarm Responses per year: 6-7 $100.00 Intrusion Alarm Responses per year: 8 or more $150.00 Panic /Hold -up Alarm Responses per year: 3 -5 $100.00 Alarm Fees: Panic /Hold -up Alarm Responses per year: 6 -7 $200.00 Panic /Hold -up Alarm Responses per year: 8 or more $300.00 False Alarm Response - Commercial & Governmental: Based on Responses per Year Registered- Intrusion or Panic Alarm Responses per year: 1 -3 $0.00 I1 "1111P1 1 \CII1111111F_111111111111 Via J IGNJ�[d.Ll �a Notes Amount Non - Registered- Intrusion Alarm Responses per year: 1 -3 $100.00 Non - Registered -Panic Alarm Responses per year: 1 -3 $200.00 Registered & Non - registered: Intrusion Alarm Responses per year: 4 -5 $100.00 Intrusion Alarm Responses per year: 6 -7 $200.00 Intrusion Alarm Responses per year: 8 or more $300.00 Panic /Hold -up Alarm Responses per year: 4 -5 $200.00 Panic /Hold -up Alarm Responses per year: 6 -7 $400.00 Panic /Hold -up Alarm Responses per year: 8 or more $600.00 Animal Control Division: Dog Adoption (Includes Sterilization) $75.00 Cat Adoption (Includes Sterilization) $75.00 Adoption - Other $30.00 Owner Surrender $10.00 Impoundment $25.00 Daily Care $10.00 Registration Fee -0- City license - Engraved tag $5.00 Euthanasia $25.00 Tranquilization $25.00 After -Hours Call $50.00 Livestock Call Hourly Rate $50.00 Deceased Animal Removal $20.00 Deceased Animal Drop -Off $15.00 Trap deposit NA Police Records Division: Accident Report (citizen) Per page $0.25 Accident Report (insurance company) $4.00 Incident Report Per page $0.25 Research Fees Minimum Fee - One Hour $15.00 Per Hour Additional $15.00 Certified Copies Per page $1.00 Background Checks $5.00 Audio Media First Hour $25.00 Additional per hour $5.00 Video Media $25.00 Fingerprints per card Per Card $5.00 IRECREATION & CULTURE Notes Amount Bailey Ranch Golf Club: Weekday Weekend /Holidays Walking Walking Regular 18 Holes $30.00 $30.00 Twilight (After 3 p.m.) $17.00 $17.00 Super Twilight (Ager5 p.m.) $12.00 $12.00 Senior (Age 55 +) $14:00 N/A Junior (17 and under) $11.00 $11.00 ** *Junior Fee free with full paying adult. Must pay to ride. 9 Holes Fee is 35% off applicable rate and not available at twilight Memberships: Per Month Per Year Individual $165.00 $1,980.00 Family $210.00 $2,520.00 Facility Rentals: Parks - Shelter Fee Base - first 2 hours $30.00 Per additional hour $10.00 Redbud Festival Park - Pavilion, Food Truck Alley, and Main Stage Refundable Deposit $200.00 Per Session (4 hour minimum) $250.00 Stage Sound Equipment Per Session $100.00 Theatrical Lighting Equipment Per Session $100.00 Community Center - Eagles Room Per Hour $20.00 Eagles Room - deposit Per event $50.00 Timmy & Cindy Room (Quilting room) Per Hour $25.00 Timmy & Cindy Room - deposit Per event $50.00 Ram Room (Dining Room) Per Hour $45.00 Ram Room - deposit Per event $100.00 Ram Room with Kitchen Per Hour $90.00 Ram Room with Kitchen - deposit Per event $200.00 RECREATION Notes Old Central - Auditorium Rental for 4 hours Damage Deposit Old Central - North Hall Damage Deposit Kitchen Furniture- - Round table w/ chairs Rectangular table w/ chairs Round table only Rectangular table only Chairs Dance Floor Special Events: Application Fee Event Deposit Permit Fee (0 -20 Vendors /Participants) Permit Fee (21 -40 Vendors /Participants) Permit Fee (over 40 Vendors /Participants) Event Road Closure Fee WORKS PUBLIC See DEVELOPMENT SERVICES for Utility Connection Fees Assessment Areas: Sewer Assessment Fee Areas - 76th Street Sever Interceptor Meadowcrest Sewer Relief Line Elm Creek Sewer Interceptor Ranch Creek Sewer Interceptor Per each additional hour Perevent Rental for 4 hours Per each additional hour Perevent Rental for 4 hours Per each additional hour Per table w/ 8 chairs Per table w/ 8 chairs Per table Per table Per chair Per event Non - refundable refundable Perevent Perevent Per event per event Per acre platted Per acre platted Per acre platted Per acre platted Amount $300.00 $45.00 $300.00 $120.00 $35.00 $100.00 $75.00 $25.00 $12.50 $12.50 $5.00 $5.00 $1.25 $350.00 $20.00 $200.00 $50.00 $100.00 $150.00 $100.00 $1,341.00 $867.00 $1,580.00 $610.33 PUBLIC WORKS Notes Amount Garrett Creek - Morrow Place Improvements Per acre platted $3,146.00 Coffee Creek Sewer Lift Station and Force Main TBD Stormwater Assessment Area - Garnett Regional Detention Assessment Area per acre $30,737.00 Water Assessment Area - Fire Station No. 3 Waterline Extension Per acre platted $2,002.94 Cemetery: Interment Services Weekday $600.00 Interment Services Saturday AM $850.00 Interment Services Saturday PM $1,000.00 Cremains Interment Services Weekday $300.00 Cremains Interment Services Saturday AM $500.00 Cremains Interment Services Saturday PM $650.00 Additional after 4pm Services Per hour $300.00 Burial Space Per $700.00 Re- purchase Burial Space City pays to re- purchase $300.00 Hydrant Meter Water Service: Service initiation fee $10,00 Hydrant Meter Deposit Maximum 6 months $1,000.00 Hydrant Meter Pre -pay Requires ACH, credit card or pre - paymer $1,000.00 Minimum Meter Charge per month $75.00 Usage Tier Rates same as City Water Usage Rates Failure to report readings Meter usage due 10th of month Failure to report - 1st occurance $50.00 Failure to report - 2nd occurance $100.00 Failure to report - 3rd occurance $150.00 Industrial Wastewater Pretreatment Program: Industrial Wastewater Discharge permit Annual $500.00 FOG Wastewater Discharge permit Per Month $25.00 FOG Transporter Permit Annual $150.00 FOG ordinance violation Per day per violation $1,000.00 Refuse Surcharge: Surcharge for street repair (refuse) $1.50 /cart of residential refuse revenue PUBLIC WORKS Notes Surcharge for ED (refuse) $2.00 /cart of commercial refuse revenue Sewer Surcharge: Industrial User Surcharge Excessive strength charges Yardwaste Bags: Roll of 10 Bags Utility Billing Customer Services: Utility Deposit Utility Deposit Utility Billing Customer Services: Service initiation fee Reconnect fee /Default fee Tampering fee After Hours Service request after 3pm Meter Re -read Request - Initial Re -read Initial Re -read Late payment fee Refuse Rates: Monthly Refuse Charge Residential Mulit- Family Commercial Yardwaste Sewer Rates: Inside City Limits - Monthly Sewer Charge Volume Rate Outside City Limits - Monthly Sewer Charge Volume Rate Owner occupied single family Rental or Commercial $50 Total Fee — Non- refundable portion = $25 Add'I refundable deposit = $25 Per occurrance Per Customer service request Per Customer service request Deemed to be accurate Deemed to be inaccurate - No charge % of current month billing Per Cart Per Cart Per Cart Per Cart Minimum Base Fee Per 1,000 gallons Minimum Base Fee Per 1,000 gallons Amount Varies by formula $9.00 $75.00 $125.00 $10.00 $50.00 $100.00 $100.00 $15.00 $0.00 10% Effective 10/1/2020 $16.95 $16.95 $18.95 $14.95 Effective 10/1/2020 $9.53 $4.15 $11.44 $4.98 PUBLIC WORKS • • Notes Stormwater Rates: Monthly Stormwater Charge Residential Rate 1 ESU Non - residential Rate -- Per month per ESU Minimum 2 ESU each ESU = 3,000 SF of impervious area Water Rates: Monthly Meter Charge Inside City Limits Up to 1,000 gallons Meter Size Water Rates: Monthly Meter Charge Volume Usage Tier Rates: Rate Per 1,000 gallons Rate Per 1,000 gallons Rate Per 1,000 gallons Rate Per 1,000 gallons Rate Per 1,000 gallons 3/4" 1" 1%" Inside City Limits 2" 3" 4" 6" Hydrant meter 1,000 gal 2,000 gal 3,000 - 5,000 gal 6,000 - 10,000 gal 11,000 - 20,000 gal 21,000 gal or more RECYCLE/DISPOSAL • Bulk Items & White Goods: Based on Size /Bulk Actual fees are based on bulk of items disposed Amounts listed are for guidance Appliances - Hot Water Tank Washer Dryer Amount Effective 10/1/2020 $5.50 $6.25 $12.50 Effective 10/1/2020 $12.82 $13.72 $15.72 Effective 10/1/2020 $16.72 $31.72 $36.72 $51.72 $75.00 meter charge $7.66 $7.71 $7.76 $7.80 $7.85 $3 -$35 $15.00 $15.00 $15.00 RECYCLE/DISPOSAL • • • Notes Stove Microwave Dishwasher Refrigerator - No Refrigerant Bulk Items & White Goods: Beds, Mattresses or Box Springs - Furniture: Miscellaneous - Refrigerant Removal Service Toilet Sink Vacuum Lawnmower - Push Lawnmower - Rider Twin Size Full Size Queen Size King Size Bed Frame Headboard or Footboard Recliner Love Seat Couch Sectional Kitchen Chair /Stool Living Room Chair Dresser - Small Dresser - Large Desk - Small Desk - Large Ottoman Bookcase Cabinet Table - Small Table - Large Latex Paint - 1 Gallon or Less Amount $15.00 $7.00 $10.00 $20.00 $15.00 $7.00 $7.00 $7.00 $10.00 $25.00 $8.00 $10.00 $13.00 $15.00 $10.00 $10.00 $15.00 $20.00 $25.00 $35.00 $7.00 $10.00 $10.00 $20.00 $10.00 $20.00 $7.00 $15.00 $15.00 $10.00 $20.00 $3.00 RECYCLE /DISPOSAL STATION (cont'd) Latex Paint - 5 Gallons or More ..- Common Trash: Bag Can Car Trunk Polycart Barrel Pickup /Flat Bed Truck- Trailer- Bed Length - 5' to 5.9' Bed Length - 6.0' to 6.9' Bed Length - 7.0' to 7.9' Bed Length - 8.0' plus Stacked Bed Add $10.00 Single Axle Trailer Level Single Axle Trailer Stacked Double Axle Trailer Level Double Axle Trailer Stacked Amount $15.00 $25.00 $4.00 $6.00 $8.00 $8.00 $8.00 $20.00 $25.00 $35.00 $40.00 $10.00 $30.00 $40.00 $125.00 $180.00 TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Proposed Addendum to AT &T Video Services Agreement DATE: April 16, 2021 BACKGROUND: Southwestern Bell Telephone Company, d /b /a AT &T Oklahoma, began providing IP- Enabled Video Services within Owasso pursuant to an Agreement originally approved in 2008. On April 16, 2013, the existing Agreement was approved and executed by AT &T and the City. The Agreement provided for a term of five (5) years, thus the current Agreement ended in April, 2018, and currently requires renewal. The terms of the proposed Addendum Agreement are unchanged from the current Agreement and are largely dictated by federal law and regulations promulgated by the Federal Communications Commission (FCC). The most significant provisions within the Addendum Agreement are summarized as follows: • The Agreement shall be effective for a term of five (5) years and shall expire on April 29, 2026. The parties agree to enter into good faith negotiations regarding possible renewal, modification or extension of the Agreement prior to the end of that five (5) year term. AT &T shall pay a franchise fee to the City equal to 5% of the gross revenue collected from each subscriber to the IP- enabled Video Services product and 5% of the portion of gross revenues received for advertising which are related to the IP service. This fee is in lieu of all other concessions, charges, licenses, permit fees, taxes and assessments other than sales tax, property or ad valorem tax and fees levied for the purpose of funding the E911 system. AT &T shall provide two (2) channels for noncommercial and government programming to the City of Owasso. • AT &T shall comply with the Emergency Alert System federal regulations requiring a service provider to work with municipalities to develop processes for providing emergency alerts to citizens as needed. PROPOSED ACTION: Approval of the Addendum to the proposed Cable Television Permit Agreement between AT &T and the City of Owasso, extending the terms of the Agreement for five (5) years. RECOMMENDATION: Staff recommends the City Council approve renewal of the proposed Cable Television Permit Addendum Agreement with AT &T extending the term of the 2013 Agreement by five (5) years AT &T Agreement Page 2 until April 29, 2026, and, additionally authorize the Mayor to execute the Agreement and any ancillary documentation necessary. ATTACHMENTS: Proposed Addendum Agreement between AT &T and the City of Owasso Video Services Agreement between AT &T and the City of Owasso dated April 16, 2013 ADDENDUM TO VIDEO SERVICES AGREEMENT THIS AGREEMENT ( "Addendum "), dated April 20, 2021 ( "Effective Date "), is made by and between Southwestern Bell Telephone Company, d /b /a AT &T Oklahoma ( "AT &T Oklahoma" ), and City of Owasso, Oklahoma. AT &T Oklahoma and City of Owasso, Oklahoma shall each sometimes be referred to separately as a "Party," and collectively as the "Parties." RECITALS WHEREAS, City of Owasso, Oklahoma, and AT &T Oklahoma entered into a Video Services Agreement ( "VSA ") on April 16, 2013, regarding the provision by AT &T Oklahoma of its integrated Internet Protocol - enabled video service; WHEREAS, paragraph Term of Agreement #1 set forth the term of the VSA to expire [5] years after the effective date; and WHEREAS, City of Owasso, Oklahoma, and AT &T Oklahoma desire to extend the terms of the VSA for an additional 5 years to terminate on April 29, 2026, and agree that there is sufficient mutual consideration for renewing and extending the term of the VSA. WHEREAS, City of Owasso, Oklahoma and AT &T Oklahoma desire to make one other modification to the terms of the Agreement, in addition to the [5] year extension, which is to update the "Notices" provision as set forth herein below, and agree that there is sufficient mutual consideration for updating the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the VSA, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, City of Owasso, Oklahoma and AT &T Oklahoma agree as follows: 1. Paragraph Term of Agreement Item #1 of the VSA is to be amended by changing the date of termination from April 29, 2018 to April 29, 2026. 2. The "Notices" paragraph of Agreement, is amended by changing the address for AT &T Oklahoma to the following: 405 North Broadway, RM. #105 OK City, OK 73102 And the address for the City of Owasso, Oklahoma to the following: 200 S. Main Owasso, Oklahoma 74055 3. Unless amended by the terms of this Addendum, all other terms and conditions of the VSA shall remain unchanged and in full force and effect throughout the extended term. In the event the terms or conditions of the VSA conflict with the terms of this Addendum, this Addendum shall be deemed to supersede and override the terms of the VSA. 4. This Addendum incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings between the Parties concerning the subject matter hereof. No deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations, agreements, or understandings, whether oral or written. IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, have executed this Addendum and made the same effective as of this 20th day of April, 2021. (Signature Page Follows) AT &T OKLAHOMA By: Name: Title: State of County of Sworn to and subscribed before me this day of 2021. NOTARY PUBLIC SEAL My Commission Expires: CITY OF OWASSO By: Name: Bill Bush Title: Mayor State of Oklahoma County of Tulsa Sworn to and subscribed before me this 20th day of April, 2021. NOTARY PUBLIC SEAL My Commission Expires: AGREEMENT This Agreement ( "Agreement") is made and entered into this day of April, 2013, by and between the CITY OF OWASSO, a municipal corporation, hereinafter referred to as the "City," and SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware Corporation, doing business as AT &T Oklahoma, hereinafter referred to as "AT &T Oklahoma" or "Company," with AT &T Oklahoma and City sometimes separately referred to hereinafter as a "party," and sometimes collectively as "parties." WHEREAS, every telephone or telegraph corporation authorized to conduct transportation or transmission business under the laws of the State of Oklahoma for such purpose has the right to construct and operate between any points in this State pursuant to Article IX, Section 2 of the Constitution of the State of Oklahoma and Title 18, § 601, subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located; WHEREAS, AT &T Oklahoma represents that it desires to upgrade its existing facilities and equipment, and install new facilities and equipment, and further represents that it offers, among other things, an integrated internet protocol ( "IP ") platform of voice, data, information and video services (the video component of which is switched, two - way, point -to -point and interactive and is referred to herein as the "IP- enabled Video Service ") within the geographic boundaries of the City; WHEREAS, AT &T Oklahoma takes the position, based on Okla. Const. Article IX, §2 and 18, Okla. Stat. §601, and other applicable law, that it is not required to obtain authorization from the City in order to provide its IP- enabled Video Service; however, notwithstanding its position, as stated above, in consideration of the forbearance of litigation by the City in relation to the provision of IP- enabled Video Service by AT &T Oklahoma within the City and the City's agreement to follow its normal permitting practices with respect to installation of facilities that may be used in whole or in part to provide IP- enabled Video Services, AT &T Oklahoma is willing to enter into this Agreement and to pay an IP- enabled Video Services Provider Fee as set forth more fully below so that both AT &T Oklahoma and the City can achieve the full benefits that competition and the availability of such services will bring to the community and citizens of the City; and WHEREAS, in consideration of the payment of the IP- enabled Video Services Provider Fee by AT &T Oklahoma to the City and the forbearance of litigation by AT &T Oklahoma in relation to the provision of IP- enabled Video Service by AT &T Oklahoma within the City, the City is willing to enter into this Agreement; and WHEREAS, the parties understand and agree that neither party shall be deemed to have waived any of its legal rights by entering into this Agreement except as expressly provided herein; Page 1 of 8 NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties agree as follows: 1. Term of Agreement: This non - exclusive Agreement shall take effect upon approval hereof by AT &T Oklahoma and by the City Council of the City and shall be effective for a term of five (5) years thereafter, April 29, 2018. Prior to the end of this term, the parties agree to enter into good faith negotiations regarding a possible renewal and /or modification and /or extension of this Agreement. 2. Nature of Agreement: (A) No privilege or exemption shall be granted or conferred by this Agreement except those specifically prescribed herein. (B) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City by this Agreement shall be subject to transfer by the City to any other officer, employee, department, or board of the City. (C) This Agreement shall not relieve AT &T Oklahoma of any existing obligations involved in obtaining permits, pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets. (D) This Agreement shall be a privilege to be held in personal trust by AT &T Oklahoma for the benefit of the public. Said privilege cannot in any event be sold, transferred, leased, assigned or disposed of (except to an affiliate of AT &T Oklahoma), including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such conditions as the City may establish. Such consent as required by the City shall not, however, be unreasonably withheld. 3. Obligations of AT &T: (A) During the term of this Agreement, AT &T Oklahoma shall pay to City a fee equal to 5% of the gross revenues of AT &T Oklahoma and its affiliates collected from each subscriber to AT &T Oklahoma's IP- enabled Video Services product, and 5% of the portion of gross revenues from advertising which are defined in subsection 3(A)(3), below; the fee ( "IP- enabled Video Services Provider Fee ") may be identified and passed through on any subscriber bill by AT &T Oklahoma, and all such fees collected will be forwarded to City quarterly and shall be due forty -five (45) days after the end of each quarter. Page 2 of 8 (1) For purposes of this Agreement, gross revenues are limited to the following: (i) recurring charges for IP- enabled Video Services; (ii) event -based charges for IP- enabled Video Services, including but not limited to pay - per -view and video -on- demand charges; (iii) rental of set top boxes and other IP- enabled Video Services equipment; (iv) service charges related to the provision of IP- enabled Video Services, including, but not limited to, activation, installation, and repair; and (v) administrative charges related to the provision of IP- enabled Video Services, including, but not limited to, service order and service termination charges; (vi) amounts billed to IP- enabled Video Services subscribers to recover the IP- enabled Video Services Provider Fee authorized by this section. (2) For purposes of this Agreement, gross revenues do not include: (i) Uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected; (ii) late payment fees; (iii) revenues from contracts for in -home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of IP-enabled Video Services and not for the provisioning of any other service provided by AT &T Oklahoma or its affiliates; (iv) amounts billed to IP- enabled Video Services subscribers to recover taxes, fees or surcharges imposed upon IP- enabled Video Services subscribers in connection with the provision of IP- enabled Video Services, other than the IP- enabled Video Services Provider Fee authorized by this section; (v) revenue from the sale of capital assets or surplus equipment; or (vi) charges, other than those described in subsection (1), that are aggregated or bundled with amounts billed to IP- enabled Video Services subscribers. (3) "Gross Revenues" which are subject to the IP- enabled Video Services Provider Fee paid by AT &T Oklahoma additionally include a pro rata portion of all revenue collected by AT &T Oklahoma pursuant to compensation arrangements for advertising (less any commissions AT &T Page 3 of 8 receives from any third parties for advertising) and home - shopping sales derived from the operation of AT &T Oklahoma's IP- enabled Video Service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Company may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home - shopping revenue referred to above shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (4) Bundling discounts shall be apportioned fairly among video and other services. AT &T Oklahoma shall not apportion revenue in such a manner as to avoid the IP- enabled Video Services Provider Fee. (5) In the event that any other video services provider, including but not limited to a cable operator or open video service provider, enters into any agreement or makes any arrangement with City during the term of this Agreement whereby it is required or allowed to pay a fee to the City that is similar to the IP- enabled Video Services Provider Fee described herein, City shall allow AT &T Oklahoma to substitute the definition of "gross revenue" set forth in that agreement or arrangement for the definition of "gross revenue" set forth in this Agreement immediately upon request of AT &T Oklahoma. (6) AT &T Oklahoma will grant the City the right to conduct reasonable audits to assure that the IP- enabled Video Services Provider Fee has been properly calculated. (B) AT &T Oklahoma and City agree that the IP- enabled Video Services Provider Fee shall be in lieu of all other concessions, charges, excises, franchise, license, privilege, permit fees, taxes, or assessments except sales taxes, personal or real property taxes, ad valorem taxes, any fees levied for the purpose of funding the E9 -1 -1 system, and the two percent (2 %) Telephone Inspection Fee currently being paid by AT &T Oklahoma; (C) During the term of this Agreement, AT &T Oklahoma shall provide capacity for two "streams" or "channels" of noncommercial educational and governmental programming through AT &T Oklahoma's IP- enabled Video Service so long as City and educational institutions designated by the City provide any educational or governmental programming content in a standard digital format compatible with AT &T Oklahoma's IP- enabled video technology. City and educational institutions designated by the City shall provide this programming, and AT &T Oklahoma shall receive this programming, at AT &T Oklahoma's Point of Presence in downtown Tulsa. City and educational institutions designated by the City will be solely and individually responsible for their own programming content. Page 4 of 8 (D) AT &T Oklahoma shall work with the City to identify an economically and technically feasible process for providing an appropriate message through AT &T Oklahoma's IP- enabled Video Service in the event of a public safety emergency issued over the emergency alert system, which at a minimum will include the concurrent rebroadcast of local broadcast channels. (E) The parties agree to consult in the event that, after execution of this Agreement, any court, agency, commission, legislative body, or other authority of competent jurisdiction issues a finding that limits the validity or enforceability of this Agreement, in whole or in part. Should the finding be final, non - appealable and binding upon either City or Company, this Agreement shall be deemed modified or limited to the extent necessary to address the subject of the finding unless either party, within thirty (30) days of receipt of the ruling, provides written notice to the other party of election to terminate, in which case this Agreement shall terminate within six (6) months or such earlier period as the parties mutually may agree. Where the effect of a finding is a modification, the parties shall enter into good faith negotiations to modify this Agreement in the manner which best effectuates its overall purposes and the intentions of the parties. Failure to reach a mutually satisfactory modification within ninety (90) days of the commencement of such efforts shall entitle either party to terminate the Agreement on the provision of thirty (30) days' written notice. In addition to the termination rights set forth above, AT &T Oklahoma shall have the right to terminate this Agreement and all obligations hereunder upon ninety (90) days notice to the City, if (i) AT &T Oklahoma concludes in its reasonable business judgment that IP- enabled Video Service in the City is no longer technically, economically or financially consistent with AT &T Oklahoma's business objectives; (ii) Title VI Communications Act of 1934 obligations or any similar obligations are imposed on AT &T Oklahoma; or (iii) it becomes clear that the Company must offer or provide IP- enabled Video Service pursuant to a franchise (cable or otherwise) and /or franchise -like requirements or other local authorization. (F) AT &T Oklahoma shall determine, in its sole discretion where in the City its facilities shall be constructed, operated, maintained, repaired and upgraded to provide, and where in the City to provide its IP- enabled Video Services. However, AT &T Oklahoma agrees that it will offer a competitive video service through the technology of its choosing, which may include, but is not limited to, direct -to -home satellite service, to all residential subscribers residing within its current local telephone service footprint within the boundaries of the City, subject to density, technical feasibility, and access limitations based on standard industry practice (e.g., density limitation of thirty (30) homes per mile, authorized access to private property /developments, etc.). Page 5 of 8 4. Obligations of City. City will not attempt to nor subject the provision of AT &T Oklahoma's IP- enabled Video Service to regulation under any cable television or broadband telecommunications franchise ordinance or similar ordinance(s). In addition: (A) City agrees to subject the construction and installation of the facilities that will be used in whole or in part to provide AT &T Oklahoma's IP- enabled Video Service to the same process and review as it subjects the installation and construction of traditional telecommunications infrastructure; (B) City agrees not to unreasonably block, restrict, or limit the construction and installation of facilities that will be used in whole or in part to provide AT &T Oklahoma's IP- enabled Video Service; (C) City agrees to process any and all applicable permits for the installation, construction, maintenance, repair, removal, and other activities associated with placement of communications or transmission facilities of any kind in a timely and prompt manner; (D) AT &T Oklahoma represents and claims that its Video Service is not a "cable service" under Oklahoma or federal law. The City is entering into this agreement in reliance on this representation. In the event a court or federal agency or any governmental legislative body with jurisdiction rules or declares that AT &T Oklahoma's IP- enabled Video Service is a cable service, or that it is subject to the same laws and regulations as a cable service provider or cable television system, and if the ruling or declaration is effective and binding upon either the City or AT &T Oklahoma, this Agreement shall become null and void at the City's option. 5. Modification. This Agreement may be amended or modified only by a written instrument executed by both Parties. 6. Entire Agreement. This Agreement constitutes the entire agreement between City and AT &T Oklahoma with respect to the subject matter contained herein and supersedes all prior or contemporaneous discussions, agreements, and/or representations of or between City and AT &T regarding the subject matter hereof. 7. Waiver. Failure on the part of either Party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. 8. Miscellaneous (A) AT &T Oklahoma and City each hereby warrants that it has the requisite power and authority to enter into this Agreement and to perform according to the terms hereof. Page 6 of 8 (B) The headings used in this Agreement are inserted for convenience or reference only and are not intended to define, limit or affect the interpretation of any term or provision hereof. The singular shall include the plural; the masculine gender shall include the feminine and neutral gender. (C) Nothing contained in this Agreement is intended or shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties hereto toward any person or entity not a party to this Agreement, unless otherwise expressly set forth herein. (D) This Agreement shall not be exclusive and the City expressly reserves the right to enter into similar agreements with any other company offering the same or similar video services at any time. (E) The geographic area covered by this Agreement shall be the incorporated limits of the City of Owasso, Oklahoma, as such area now exists or may be modified in the future by annexation or deannexation. (F) The parties agree that either Tulsa County District Court or the United States District Court for the Northern District of Oklahoma shall be the sole and exclusive forum for any judiciable disputes concerning this Agreement. 9. Binding Effect. This Agreement shall be binding upon and for the benefit of each of the Parties and their respective principals, managers, City Council members, offices, directors, shareholders, agents, employees, attorneys, successors and assigns and any parents, subsidiaries or affiliated corporations or entities, as applicable. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement and made the same effective as of the day of April, 2013 ( "Effective Date "). Page 7 of 8 AT &T Oklahoma: Name: Bryan Gonterman Title: President - Oklahoma City: APPROVED by the City Council of The City of Owasso, Oklahoma, on the _ day of April, 2013. Doug Bonebrake, Mayor Sherry Bishop, City Clerk REVIEWED as to form and legality thisday of 2013. Julie Lombardi, City Attorney Page 8 of 8 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 04/10121 Department Payroll Expenses Total Expenses 105 Municipal Court 6,523.14 9,288.90 110 Managerial 22,565.69 31,545.17 120 Finance 21,192.88 32,386.24 130 Human Resources 9,571.11 14,337.11 160 Community Development 19,110.49 29,251.19 170 Engineering 16,541.17 25,778.28 175 Information Systems 18,150.36 27,136.93 181 Support Services 9,652.00 14,548.77 190 Cemetery 225.76 262.17 201 Police Grant Overtime 2,523.86 2,557.21 201 Police -COPS Grant 11,192.59 19,927.09 215 Central Dispatch 24,403.43 39,583.08 221 Animal Control 4,287.34 6,388.41 250 Fire Safer Grant 29,088.15 45,022.11 280 Emergency Preparedness 2,342.31 3,301.01 370 Stormwater /ROW Maint. 6,291.98 10,777.06 515 Park Maintenance 6,462.16 9,827.86 520 Culture /Recreation 10,113.55 16,650.94 550 Community- Senior Center 5,794.19 7,869.63 580 Historical Museum 756.80 850.64 710 Economic Development 4,717.39 7,114.91 General Fund Total 231,506.35 354,404.71 185 Garage Fund Total 10,136.91 16,771.98 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 172,885.25 261,647.06 201 Police Fund 38 Total 178,720.34 271,473.11 300 Streets Fund 39 Total 19,365.37 33,537.86 370 Stormwater Fund 27 Total 4,878.94 8,246.14 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,847.71 6,798.93 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 4115121 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 68,801.27 20,763.37 66,948.18 9,026.70 165,539.52 6,841.58 8,642.40 3,365.42 18,849.40 2,487.79 2,487.79 186,876.71 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2020 -2021 Budgetary Basis Statement of Revenues & Expenditures As of March 31, 2021 EXPENDITURES Personal services MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: (1,034,605) (1,770,802) Taxes $ 2,928,605 $ 29,299,771 $ 34,407,869 85.15% Licenses & permits 16,878 201,997 241,714 83.57% Intergovernmental 105,321 3,963,751 4,387,701 90.347 Charges for services 58,479 568,346 748,615 75.92% Fines & forfeits 28,377 188,772 302,684 62.37% Other 10,889 156,153 255,555 61.10% TOTAL REVENUES $ 3,148,549 $ 34,378,790 $ 40,344,137 85.21% EXPENDITURES Personal services $ (2,698,413) $ (17,567,259) $ (23,898,700) 73.51% Materials & supplies (159,789) (1,034,605) (1,770,802) 58.43% Other services (140,311) (1,654,243) (2,725,266) 60.70% Capital outlay (619,449) (1,506,478) (3,586,328) 42.01% Deferred Budget- COVID Grant (696,713) 0.00% TOTAL EXPENDITURES $ (3,617,962) $ (21,762,586) $ (32,677,809) 66.60% REVENUES OVER EXPENDITURES $ (469,414) $ 12,616,204 $ 7,666,328 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,457,562 $ 14,375,338 $ 17,198,539 83.58% Transfers out (2,250,981) (23,414,089) (28,821,622) 81.24% TOTAL TRANSFERS $ (793,419) $ (9,038,751) $ (11,623,083) 77.77% NET INCOME (LOSS) $ (1,262,833) $ 3,577,453 $ (3,956,755) ENCUMBRANCES OUTSTANDING $ (977,574) FUND BALANCE (Budgetary Basis) Beginning Balance 13,682,835 13,682,835 Ending Balance $ 16,282,714 $ 9,726,080 Q: \Finance (120)Wccounting \Reports \fy21 \GF Financials